logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.07.04 2019고단1828
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

Around August 10, 2018, the Defendant received a loan of KRW 40 million from the victim C, a victim, from the victim C, which is located in the Bupyeong-gu Seoul Metropolitan Government Branch of Bupyeong-gu, Seongbuk-gu, and established a right to collateral security with a claim amounting to KRW 40 million, the mortgagee, and the claim amount of KRW 40 million, which is owned by the Defendant. However, on September 21, 2018, the Defendant entered the bill of indictment of KRW 25 million in front of the Bupyeong-gu, Bupyeong-gu, Incheon Metropolitan City, as the bill of indictment of KRW 20 million in front of the Bupyeong-gu, Bupyeong-gu, Incheon. However, the Defendant changed and acknowledged it by evidence.

It was difficult for the victim to grasp the location of the vehicle by disposing of the said vehicle after receiving it.

Accordingly, the defendant concealed the above car which was the object of the victim's mortgage and obstructed the victim's exercise of rights.

Summary of Evidence

1. Partial statement of the defendant;

1. Each investigation report (Attachment to F telephone conversations, car loan contract, etc.) on E is established by interfering with the exercise of another person’s right by taking, concealing, or destroying special media records, such as his/her own goods or electronic records, which have become the object of another person’s possession or right, or by causing interference with the exercise of his/her right, such as a notification, etc., a copy of a registration certificate, mortgage establishment contract, register of automobiles, documents related to loan repayment, notification, etc., of the police statement of E. The “c.,” and “c.,” here means that it is impossible or considerably difficult to detect the location of one’s own goods, etc. which are the object of another person’s possession or right, and it is not necessary to interfere with the exercise of right, and it is not necessary to interfere with the exercise of right in reality (see, e.g., Supreme Court Decision 2016Do13734, Nov. 10, 2016).

arrow